On behalf of the Equal Rights Center (“ERC”), Relman Colfax is pleased to announce a settlement agreement to remediate accessibility barriers at Cardinal on 12th, an apartment building located in Washington, DC. The settlement between ERC and Cardinal on 12th marks a significant victory for fair housing advocates, demonstrating the tangible benefits of compliance and collaboration. This agreement reflects Relman Colfax’s continued commitment to enforcing the rights of people with disabilities to accessible housing.
Cardinal on 12th is a completed, currently occupied four-story, 27-unit building with no elevators, and has eight units that are contiguously located on the ground floor, thus making the building subject to the accessibility requirements of the Fair Housing Act. ERC conducted an investigation into Cardinal on 12th in November 2023 that revealed multiple violations of the Fair Housing Act’s design and construction requirements, including the lack of an accessible route into and through the units, lack of maneuvering space in bathrooms, inaccessible environmental controls, and lack of maneuvering space in kitchens, among other violations. Additionally, ERC discovered that there is not an accessible route into the building or to the community mailboxes, which are also located outside of minimum reach ranges required by the FHA.
ERC approached the owners and managers of Cardinal on 12th (Congressional 3743 12th Street LLC, Palomar Management Group, and RMICHAELCROSS LLC) with its findings and they chose to resolve these claims voluntarily and without the need for expensive litigation. They have agreed to the following settlement terms:.
- Cardinal on 12th commits to making necessary modifications within 30 days of a request, at no cost to residents. Changes include installing ADA-compliant fixtures, lowering thermostats and switches, and ensuring doors and controls are accessible.
- Residents can request mailbox assignments within accessible reach ranges, facilitating easier access to essential services.
- A $5,000 fund has been established to cover alteration costs, minimizing inconvenience to residents.
- Cardinal on 12th will pay damages and attorneys fees to ERC, covering legal fees and supporting ERC's mission to advocate for fair housing.
- Cardinal on 12th will sponsor training sessions on the design and construction requirements of the Fair Housing Act. This initiative aims to educate developers and property managers, preventing future violations.
- Future developments by Cardinal on 12th will adhere to Fair Housing Act guidelines, ensuring continued improvement in accessibility standards.
By addressing these violations, Cardinal on 12th not only enhances the living conditions for its current residents but also sets a precedent for future developments, reinforcing the importance of accessible design in multifamily housing. For property developers and managers, this case highlights the necessity of incorporating accessibility into their designs from the outset, ensuring compliance with legal standards and fostering inclusive communities.
ERC is a nonprofit fair housing organization whose mission is to identify and seek the elimination of unlawful and unfair discrimination in housing, employment, and public accommodations in the Washington, DC region and nationwide.
The Relman Colfax litigation team includes Sara Pratt and Emahunn Campbell.
A copy of the settlement can be found here.